Senate Bill sb1068

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    Florida Senate - 2005                                  SB 1068

    By Senator Rich





    34-858-05

  1                      A bill to be entitled

  2         An act relating to theft of property; amending

  3         s. 812.13, F.S.; redefining the term "robbery"

  4         to include the unlawful endeavoring to take

  5         property; providing that if an offender

  6         threatens to use a weapon or firearm during the

  7         course of a robbery, the offender commits a

  8         felony of the first degree; providing for

  9         penalties; amending ss. 812.131 and 812.133,

10         F.S.; redefining the terms "robbery by sudden

11         snatching" and "carjacking" to include the

12         unlawful endeavoring to take property;

13         providing an effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 812.13, Florida Statutes, is

18  amended to read:

19         812.13  Robbery.--

20         (1)  "Robbery" means the taking of or endeavoring to

21  take money or other property that which may be the subject of

22  larceny from the person or custody of another, with intent to

23  either permanently or temporarily deprive the person or the

24  owner of the money or other property, when in the course of

25  the taking or endeavoring to take there is the use of force,

26  violence, assault, or putting in fear.

27         (2)(a)  If in the course of committing the robbery the

28  offender carried a firearm or other deadly weapon, then the

29  robbery is a felony of the first degree, punishable by

30  imprisonment for a term of years not exceeding life

31  

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    Florida Senate - 2005                                  SB 1068
    34-858-05




 1  imprisonment or as provided in s. 775.082, s. 775.083, or s.

 2  775.084.

 3         (b)  If in the course of committing the robbery the

 4  offender carried a weapon, or threatened to use a weapon or

 5  firearm, then the robbery is a felony of the first degree,

 6  punishable as provided in s. 775.082, s. 775.083, or s.

 7  775.084.

 8         (c)  If in the course of committing the robbery the

 9  offender carried no firearm, deadly weapon, or other weapon,

10  or did not threaten to use any weapon or firearm, then the

11  robbery is a felony of the second degree, punishable as

12  provided in s. 775.082, s. 775.083, or s. 775.084.

13         (3)(a)  An act shall be deemed "in the course of

14  committing the robbery" if it occurs in an attempt to commit

15  robbery or in flight after the attempt or commission.

16         (b)  An act shall be deemed "in the course of the

17  taking or endeavoring to take" if it occurs before either

18  prior to, contemporaneous with, or after subsequent to the

19  taking of or endeavoring to take the property and if it and

20  the act of taking or endeavoring to take constitute a

21  continuous series of acts or events.

22         Section 2.  Subsections (1) and (3) of section 812.131,

23  Florida Statutes, are amended to read:

24         812.131  Robbery by sudden snatching.--

25         (1)  "Robbery by sudden snatching" means the taking of

26  or endeavoring to take money or other property from the

27  victim's person, with intent to permanently or temporarily

28  deprive the victim or the owner of the money or other

29  property, when, in the course of the taking of or endeavoring

30  to take, the victim was or became aware of the taking or

31  

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    Florida Senate - 2005                                  SB 1068
    34-858-05




 1  endeavoring to take.  In order to satisfy this definition, it

 2  is not necessary to show that:

 3         (a)  The offender used any amount of force beyond that

 4  effort necessary to obtain possession of the money or other

 5  property; or

 6         (b)  There was any resistance offered by the victim to

 7  the offender or that there was injury to the victim's person.

 8         (3)(a)  An act shall be deemed "in the course of

 9  committing a robbery by sudden snatching" if the act occurs in

10  an attempt to commit robbery by sudden snatching or in fleeing

11  after the attempt or commission.

12         (b)  An act shall be deemed "in the course of the

13  taking or endeavoring to take" if the act occurs before prior

14  to, contemporaneous with, or after subsequent to the taking of

15  or endeavoring to take the property and if the such act and

16  the act of taking or endeavoring to take constitute a

17  continuous series of acts or events.

18         Section 3.  Subsections (1) and (3) of section 812.133,

19  Florida Statutes, are amended to read:

20         812.133  Carjacking.--

21         (1)  "Carjacking" means the taking of or endeavoring to

22  take a motor vehicle that which may be the subject of larceny

23  from the person or custody of another, with intent to either

24  permanently or temporarily deprive the person or the owner of

25  the motor vehicle, when in the course of the taking or

26  endeavoring to take there is the use of force, violence,

27  assault, or putting in fear.

28         (3)(a)  An act shall be deemed "in the course of

29  committing the carjacking" if it occurs in an attempt to

30  commit carjacking or in flight after the attempt or

31  commission.

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    Florida Senate - 2005                                  SB 1068
    34-858-05




 1         (b)  An act shall be deemed "in the course of the

 2  taking or endeavoring to take" if it occurs before either

 3  prior to, contemporaneous with, or after subsequent to the

 4  taking of or endeavoring to take the property and if it and

 5  the act of taking or endeavoring to take constitute a

 6  continuous series of acts or events.

 7         Section 4.  This act shall take effect July 1, 2005.

 8  

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10                          SENATE SUMMARY

11    Revises the definition of the terms "robbery," "robbery
      by sudden snatching," and "carjacking" to include the
12    unlawful endeavoring to take property. Provides that if
      an offender threatens to use a weapon or firearm during
13    the course of a robbery, the offender commits a felony of
      the first degree. Provides criminal penalties.
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